Tramline Cycling Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a cycling accident we can help.
The purpose of this guide is to help anyone who has suffered a cycling accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
tramline cycling injury compensation:
Tramlines in city centres present a particular problem for cyclists, especially where the cyclist is travelling in parallel to the tracks. Wheels may be trapped in the gaps between the tramlines and the road causing cyclists to fall.
Tramlines are also a hazard in icy or wet conditions when their surfaces become slippery. To reduce the risk of injury where possible, it is therefore crucial that tramlines are safe to use with appropriate signage.
Do I have a tramline cycling injury claim?
You should be able to make a tramline cycling injury claim if you sustained an injury:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Claim eligibility - Common questions
What if the road accident was my fault?
If you think you were partly responsible for the road accident or for your injury, it should still be possible to make a claim.
In these cases, claims are usually settled with a split liability agreement.
For example, if you were 50% responsible for your injuries, you would receive 50% less compensation.
What if the driver was uninsured or untraceable?
If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).
The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a tramline cycling injury claim on their own behalf.
What if there is no evidence?
Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a tramline cycling injury claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.
How can accidents on tramlines be prevented?
Where possible cyclists and trams should be kept in separate lanes, but this may not be practical.
Cycle routes designed to cross the tramlines at 90 degrees and signs warning of the presence of tramlines may help to reduce the risk of cyclists getting their bicycle wheels caught in the tracks.
Cyclists must also take care where tramlines exist by ensuring they are in a position to cross the lines safely.
How common are cycling accidents on tramlines?
As more trams are introduced into city centres, the incidence of cycling accidents may increase.
Both Manchester and Edinburgh city councils are facing a number of claims from cyclists who have sustained injuries from falls caused by tramlines.
As well as wheels caught between the tramlines and the road surface, slippery tracks have caused cyclists to skid and collide with other vehicles, including buses.
Injuries include broken bones, facial injuries, torn muscles and ligaments, broken teeth and severed fingertips.
To prevent future accidents Edinburgh council is reported to be looking into the development of a new skid-resistant material specifically for tram tracks.
The amount of money you could claim for your tramline cycling injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your tramline cycling injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a tramline cycling injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious arm injury can be £45,000
For a less severe leg injury, in isolation, you would typically receive £7,200.
However, if you have a serious arm injury and a less severe leg injury, you would typically receive £45,000 + a reduced percentage of £7,200.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a tramline cycling injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a tramline cycling injury will depend entirely on your specific circumstances.
Your tramline cycling injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a tramline cycling injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Tramline cycling injury compensation
Calculating how much compensation you can claim for a tramline cycling injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your tramline cycling injury claim could be worth now:
How long does a cycling injury claim take?
How long it can take to secure compensation for a cycling injury can vary considerably.
For instance, a simple uncontested road accident claim might be concluded in a matter of weeks. If the defendant denies liability, a compensation claim can take considerably longer. On average a road accident claim will take 4 to 9 months. For more information, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your tramline cycling injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
No win, no fee, no risk
No win, no fee means that your solicitor will not charge you anything at all if your tramline cycling injury claim is unsuccessful. 'No win, no fee' is also referred to as a 'Conditional Fee Agreement' or 'CFA'.
Our no win, no fee guarantee
If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of claiming compensation for your tramline cycling injury. Read more about making a No win, no fee claim
What do I pay if I win my tramline cycling injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my tramline cycling injury claim?
If your tramline cycling injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning road accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Tramline cycling injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a tramline cycling injury claim?
In general, you have a time limit of up to 3 years from the date of the tramline cycling injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your tramline cycling injury claim becomes 'statute barred'.
Can I claim for a tramline cycling injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim tramline cycling injury compensation.
In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert